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Despite throwing the kitchen sink, knives and tables at the landlord, dinner is no longer being served at this restaurant —eviction ordered and effectuated.

In the realm of commercial real estate, disputes between landlords and tenants regarding nonpayment of rent can be intricate and demanding.  The attorneys here at Adam Leitman Bailey, P.C. take pride in assessing these intricacies and obtaining favorable results for their clients.  Representing the landlord in a commercial nonpayment proceeding against a restaurant tenant, and despite the tenant’s assertion of multiple affirmative defenses and a counterclaim, the diligent efforts and strategic legal maneuvering of the team at Adam Leitman Bailey, P.C. resulted in a decisive win through a successful summary judgment motion.

Our client, the landlord, faced a challenging situation when a commercial restaurant tenant failed to meet its rental obligations. As the dispute unfolded, the tenant raised several affirmative defenses and a counterclaim in an attempt to circumvent its financial responsibilities.  These defenses included claims of property defects, alleged breaches of lease by the landlord, and other assertions aimed at justifying the tenant’s nonpayment.

Navigating through the tenant’s defenses and counterclaim presented a formidable challenge.  The case demanded meticulous analysis, through understanding of lease agreements, and a comprehensive grasp of legal precedents.  Our client’s financial stakes and the imperative to uphold the integrity of the lease agreement added to the gravity of the situation.

Adam Leitman Bailey, P.C. approached the case with a comprehensive strategy aimed at dismantling the tenant’s defenses and counterclaim while showcasing the validity of the landlord’s claims.  Through extensive legal research, detailed examination of the lease agreements, and diligent fact-gathering, our team formulated a compelling argument the refuted each of the tenant’s defenses and counterclaim.  Leveraging our expertise in commercial real estate law, we meticulously crafted a motion for summary judgment that systematically addressed and discredited the tenant’s assertions.

Our strategic legal efforts materialized in a resounding victory for our client.  The Court ruled in favor of the landlord, granting our comprehensive summary judgment motion that not only upheld the landlord’s claims for nonpayment of rent, but also dismissed all of the tenant’s defenses and counterclaim.  The Court issued our client a six-figure monetary judgment and a judgment of possession, as well as attorneys’ fees, recognizing the merits of our case and determining that “Petitioner has established its prima facie entitlement to summary judgment as a matter of law.”

The landlord is represented by partner Carolyn Z. Rualo and associate Michael Nesheiwat.  Mr. Nesheiwat drafted the motion for summary judgment.

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